Court : Gujarat
Decided on : Apr-21-2008
Reported in : (2008)3GLR2215
Abhilasha Kumari, J.1. Rule. Ms. Sangeeta Vishen, learned Assistant Government Pleader, waives service of notice of rule on behalf of the respondents Nos. 1 and 2, Mr. Harin P. Raval, learned advocate, waives service of notice of rule on behalf of the respondent No. 3 and Mr. D.C. Dave, learned advocate, waives service of notice of rule on behalf of the respondent No. 4. On the facts and in the circumstances of the case and with the consent of the learned Counsel for the respective parties, the petition is being heard and finally decided today.2. This petition has been filed challenging the order dated 29-1-2007 (Annexure 'A' to the petition) passed by the State Government, granting approval under Section 65(2) of the Gujarat Municipalities Act, 1963 ('the Act' for short) for sale of land admeasuring 1890.74 sq.mts. in favour of the respondent No. 4-Trust, at the rate of Rs. 912/- per sq.mt., the consequential communication dated 20-2-2007(Annexure 'B' to the petition) of the District ...
Tag this Judgment!Court : Orissa
Decided on : Apr-21-2008
Reported in : 106(2008)CLT292
S.C. Parija, J.1. This Writ Petition has been filed under Articles 226 and 227 of the Constitution praying for quashing of the F.I.R. dated 23.07.2007 which has been registered as Mahila P.S. Case No. 129 of 2007 under Sections 376/420/379/506 IPC.2. The brief facts of the case, as narrated in the Writ Petition is that the Petitioner who was working as an instructor in 'Art of Living Courses' in Ravi Sankar Vidyamandir at Plot No. 2.103, IRC Village, Nayapalli, Bhubaneswar, persuaded informant (Opp. Party No. 2) to assist him in the programme after she had completed the same course.3. On 4th January, 2004 Petitioner persuaded her (informant) to stay back at Ravi Sankar Vidyamandir after 8 P.M. after classes were over. Thereafter, Petitioner expressed his desire to marry her by divorcing his wife and Petitioner also promised the Opposite Party No. 2 to send her abroad for conducting 'Art of Living' programme to make a fixed deposit of Rs. 10,00,000/- (Ten lakhs) in her name. In this pro...
Tag this Judgment!Court : Delhi
Decided on : Apr-23-2008
Reported in : 2008(38)PTC222(Del)
S. Ravindra Bhat, J.1. The plaintiff is a private limited company registered under provisions of the Companies Act, 1956, having its office at 24, Nehru Place, New Delhi 110 019 and is, inter alia, involved in the business of running Lifestyle Brand Stores by the name of 'Ravissant' in India as well as abroad. The Defendant is a Company registered under the laws of France registered in the Companies Register for Paris and is inter alias engaged in the business of hair styling salons. The original name of the Defendant was Franklin Export S.A.; it was later changed to D.F. Export S.A.2. It is averred in the suit that on 1.06.2000 a Franchisee Agreement was entered between the Plaintiff and the Defendant for running an exclusive ladies' luxury hair dressing salon at New Delhi under the brand name of 'Jacques Dessange', the defendant's trade name. The agreement was for an initial period of four years; ending on 31.12.2004, but subject to further renewal. There was no Jacque Dessange Salon...
Tag this Judgment!Court : House of Lords
Decided on : Apr-23-2008
LORD BINGHAM OF CORNHILL My Lords, 1. I have had the benefit of reading in draft the opinions of my noble and learned friends Lord Scott of Foscote and Lord Rodger of Earlsferry, whose summaries of the facts, history and issues I gratefully adopt and need not repeat. 2. Like my noble and learned friends I would dismiss the Chief Constable’s appeal. Despite the range, ability and interest of the argument addressed to the House, I can state my conclusions on the two issues raised in argument very shortly and simply. 3. As to the first issue, the test of self-defence as a defence in a civil action is well-established and well-understood. There is no reason in principle why it should be the same test as obtains in a criminal trial, since the ends of justice which the two rules respectively exist to serve are different. There is nothing to suggest that the civil test as currently applied causes dissatisfaction or injustice and no case is made for changing it, even if that were an appr...
Tag this Judgment!Court : Uttaranchal
Decided on : Apr-23-2008
Reported in : 2009CriLJ872
ORDERDharam Veer, J.1. This criminal revision, preferred by the revisionist under Section 397/401 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 25-11-1987 passed by Special Judge, Anti-Corruption, U.P. (East) Dehradun in Criminal Appeal No. 128 of 1981, dismissing the appeal arising out of Criminal Case No. 201 of 1980, decided by Special Magistrate C.B.I./S.P.E., 1st Class. Dehradun on 11-12-1981 convicting the revisionist Nirmal Singh Under Section 14 of The Dangerous Drugs Act, 1930 (Act No. II of 1930)(hereinafter to be referred as the Act) and sentencing him to two years R.I. and fine of Rs. 5,000/- and in default of payment of fine, six months' further S.I. was awarded.2. Briefly stated, facts of the case are that an information was conveyed to the CBI through National Crime Bureau, Netherlands who reported arrest of one Armand Bertrand Alphonse Van Ghyschen, a Belgium National in Netherlands whil...
Tag this Judgment!Court : Kolkata
Decided on : Apr-25-2008
Reported in : (2008)2CALLT468(HC),2008(3)CHN507
Sanjib Banerjee, J.1. Passion and prejudice are two charlatans that lie in stealthy wait to waylay any quasi-judicial adjudication, however noble the purpose of the exercise. To the two original limbs of natural justice of audi alteram partem (nobody shall be condemned unheard) and nemo debet esse judex in propria sua causa (nobody shall be judge of his own cause), has been added a third: the duty to assign reasons. A quasi-judicial order is founded on reason, not instinct. An order made on impression is erroneous in form and substance.2. The petitioner in the present proceedings under Article 226 of the Constitution of India challenges a decision made on the recommendation of an enquiry commission set up by the University to look into the charges of alleged malpractice involving two theses submitted for PhD degrees under the faculty of science of the University. The full report has been disclosed in the University's affidavit. The one-man enquiry commission has begun the report by rec...
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-28-2008
Crawford v. Marion County Election Bd. - 07-21 (2008) SYLLABUS OCTOBER TERM, 2007 CRAWFORD V. MARION COUNTY ELECTION BD. SUPREME COURT OF THE UNITED STATES CRAWFORD etal. v . MARION COUNTY ELECTION BOARD etal. certiorari to the united states court of appeals for the seventh circuit No. 0721.Argued January 9, 2008Decided April 28, 2008* After Indiana enacted an election law (SEA 483) requiring citizens voting in person to present government-issued photo identification, petitioners filed separate suits challenging the laws constitutionality. Following discovery, the District Court granted respondents summary judgment, finding the evidence in the record insufficient to support a facial attack on the statutes validity. In affirming, the Seventh Circuit declined to judge the law by the strict standard set for poll taxes in Harper v. Virginia Bd. of Elections , 383 U. S. 663 , finding the burden on voters offset by the benefit of reducing the risk of fraud. Held: The judgm...
Tag this Judgment!Court : Kolkata
Decided on : Apr-29-2008
Reported in : 2008(3)CHN268
Girish Chandra Gupta, J.1. This appeal is directed against a judgement dated 21st February, 2005 passed by the learned Additional Sessions Judge, 2nd Court, Bankura in Sessions Trial No. 1/November/2002 arising out of Sessions Case No. 16(9) of 2001 convicting the appellant-Subal Duley, under Section 302 of the Indian Penal Code and an order dated 22nd February, 2005 by which the convict was sentenced to suffer rigorous imprisonment for life as also to pay fine of Rs. 3,000/-, in default, to suffer rigorous imprisonment for three months for the offence punishable under Section 302 of the Indian Penal Code.2. The facts and circumstances of the case briefly stated are that about eight years prior to the date of the incident the deceased Sibnath had developed an illicit relationship with Chhabirani, wife of the accused Kinkar. She at that point of time was a mother of two children. The deceased was at that point of time a student reading in school. Chhabirani and Sibnath had eloped togeth...
Tag this Judgment!Court : House of Lords
Decided on : Apr-30-2008
LORD BINGHAM OF CORNHILL 1. The issue in this appeal is whether the Secretary of State for Health acted lawfully in issuing the guidance she did to employing bodies within the National Health Service in April 2006. At first instance Stanley Burnton J, who also had other issues to decide, upheld the lawfulness of the guidance: [2007] EWHC 199 (QB). The Court of Appeal (Sedley, Maurice Kay and Rimer LJJ) [2007] EWCA Civ 1139 held that it was unlawful. The Secretary of State challenges that decision in this appeal to the House. Pending the outcome of this litigation the guidance has been suspended. Background 2. Under sections 1 - 3 of the National Health Service Act 1977, as under its successor statute, the Secretary of State for Health had an overall responsibility to provide or secure the provision of medical and related services under the auspices of the National Health Service. To ensure the provision of adequate care and treatment it is necessary that there should be appropriately q...
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-30-2008
Reported in : AIR2008SC3182; 2008(5)CTC554; [2008(118)FLR438]; (2008)IIILLJ584SC; (2008)7MLJ490(SC); 2008(7)SCALE726; 2009(1)SLJ129(SC)
S.B. Sinha, J.1. Leave granted in both the matters.2. These two appeals arise out of a judgment and order dated 20th May, 2005 rendered by the Division Bench of the Orissa High Court at Cuttack in WP No. 2333 of 1991.3. Writ Petitioner (Respondent in appeal arising out of SLP ) No. 18997 of 2005 and Appellant in the connected appeal) was appointed as a Management Trainee in the Punjab National Bank (Bank). She was duly selected by the Banking Service Recruitment Board, Delhi. An offer of appointment was made to her favour on or about 28th July, 1986 inter alia on the following terms and conditions:2. TRAINING/PROBATION/CONFIRMATIONYou will be on training/probation for a period of 2 years from the date of your joining the Bank and you will be considered for confirmation in the service, subject to your satisfactory report on your training, passing Bank's confirmation test and receipt of satisfactory report from the Police authorities about your character and antecedents. You may also be ...
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